F. Lee Bailey on Chris Kyle Trial: Insanity Tough to Prove

F. Lee Bailey, criminal defense attorney who worked on O.J. Simpson's murder defense, says that an insanity defense is very difficult to prove.

"It's one of the most difficult defenses in criminal law because jurors are being asked to let this guy go even though it's plain that he committed a vicious and maybe vile act," Bailey told J.D. Hayworth and Miranda Khan on "America's Forum" on Newsmax TV Tuesday.

Eddie Ray Routh is on trial in Texas for the murder of veterans Chris Kyle and Chad Littlefield, in which the former Marine is pleading an insanity defense.

According to Bailey "the best example" of someone who successfully won an insanity defense "is John Hinkley, who shot [former President Ronald Reagan]" in 1981.

"A jury concluded that he wasn't all in one piece," he explained. "However, in the federal system the prosecution has the burden of proof.

"In most states, as in this case, the defense has the burden of proof and that can make a big difference."

An expert witness said that Routh's actions were partially due to a marijuana induced psychosis.

Bailey explains that "there are two kinds of intoxication — voluntary intoxication is not a defense even though it may drive you bananas. Involuntary intoxication in most states is a defense, if you can show that you ingested the toxic substance, whatever it was, without your knowledge or intent."

"Texas standards for judging insanity remain fairly primitive, but that being said, that's true in a lot of states," Bailey explained.

"It's simply a circumstance that we have trouble dealing with defining and, tragically, we have no means and make no effort to treat those who are really afflicted," he added.

Kyle's widow Taya Kyle attended the Oscars Sunday, but the veteran criminal defense attorney says that shouldn't be an issue in the ongoing trial.

"This is a case about insanity, not whodunit, and I can't imagine that a juror noting the widow at the Oscars would change his vote."